Taraba Court Clears Ex-LG Officials of N104m Fraud Charges

The Chief Judge of Taraba State and presiding judge of Court No. 1 in Jalingo, Justice Joel Agya, has discharged and acquitted three former officials of Sardauna Local Government Council over allegations bordering on the misappropriation of public funds meant for capital projects.

Delivering judgment on Friday in Charge No. TRSJ/19C/2020, Justice Agya ruled that the prosecution failed to establish the allegations of fraud against the defendants beyond reasonable doubt.

The acquitted officials are Dr. Jedua Ahmed Dawud, former Executive Chairman of the council; Oliver Wubon, former Caretaker Chairman; and Joseph Danladi John, former Director of Finance.

The defendants were arraigned in June 2020 by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Republic of Nigeria on a six-count charge bordering on criminal conspiracy, criminal breach of trust, forgery, and the use of false documents.

According to the prosecution, the defendants allegedly conspired in 2012 to divert funds earmarked for capital projects within the local government council.

The EFCC alleged that Dr. Dawud and Danladi dishonestly misappropriated N27 million allocated for capital projects on or about October 4, 2012, and another N35 million on or about June 1, 2012.

Wubon and Danladi were also accused of diverting N42 million meant for capital projects within the same period.

In addition, the anti-graft agency alleged that Wubon and Danladi forged Payment Voucher No. 3 in the name of Alhaji Saidu Mohammed on or about February 8, 2012, with intent to commit fraud, and subsequently used the document as genuine.

During the trial, defence counsel, Dr. Ibrahim Effiong, argued that the prosecution failed to establish a prima facie case against the defendants. The defence also challenged the credibility of the EFCC’s investigative report, maintaining that it relied substantially on statements obtained from prosecution witnesses.

In his judgment, Justice Agya held that the prosecution failed to substantiate the allegations of conspiracy and fraud against the defendants.

The court further ruled that the conspiracy charge could not stand because the alleged offences were said to have been committed separately by the accused persons.

Justice Agya first discharged and acquitted the second and third defendants on counts five and six relating to forgery and the use of false documents before subsequently acquitting all three defendants on counts one to four.

Reacting to the judgment, defence counsel Dr. Effiong described the ruling as a landmark decision.

Counsel to the EFCC, Mr. Stephen Okemini, said he had learnt a great deal from the judgment and would study the ruling before deciding on the next line of action.

Speaking shortly after the verdict, Oliver Wubon expressed relief and happiness over the outcome, saying the judgment had “loosened the rope on their neck.”